(By Delegate Manypenny)
[Introduced February 13, 2013; referred to the
Committee on the Judiciary.]

A BILL to amend and reenact §3-1-8 of the Code of West Virginia,
1931, as amended, relating to elections and nominating
procedures generally; and expanding the scope of the
definition of a political party.Be it enacted by the Legislature of West Virginia:
That §3-1-8 of the Code of West Virginia, 1931, as amended, be
amended and reenacted to read as follows:ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-8. Political party defined; parties or groups that may
participate in municipal primary elections.
Any affiliation of voters representing any principle or
organization which, at the last preceding regular general election,
polled for its candidate for Governor, Secretary of State,
Treasurer, Auditor, Attorney General, Supreme Court of Appeals, Commissioner of Agriculture, or any other office on the ballot to
be voted upon by all voters state-wide in that election, at least
one per cent of the total number of votes cast for all candidates
for that office in the stateany one of those aforementioned state
public offices, shall be a political party, within the meaning and
for the purpose of this chapter: Provided, That notwithstanding
the foregoing provisions of this section, the governing body of any
municipality may, by ordinance adopted by the affirmative vote of
at least three fourths of the members of such governing body by
recorded vote, provide that municipal political parties or groups
within such municipality that do not meet the requirements of this
section for classification as a political party may participate in
the primary elections of any such municipality. Any such ordinance
shall contain provisions implementing the foregoing proviso, which
implementing provisions shall conform as nearly as practicable to
any general provisions of law relating to municipal primary
elections.

NOTE: The purpose of this bill is to allow political parties
to obtain ballot access by expanding the scope of the definition of
political party.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.